Commonwealth Numbered Acts

Bounty (Steel Mill Products) Act 1983 No. 125 of 1983 - SECT 6

6. (1) For the purposes of this Act, the sales value of prescribed plate or
prescribed strip used in the production of a bountiable product is, subject to
this section, the price that was charged, or that will be charged, by the
producer of the prescribed plate or prescribed strip, as the case may be, for
the prescribed plate or prescribed strip, as the case may be.

(2) Where the producer of prescribed plate or prescribed strip used in the
production of a bountiable product-

   (a)  has not charged, and does not propose to charge, for the
        prescribed plate or prescribed strip, as the case may be; or

   (b)  also produced the bountiable product,
the sales value of the prescribed plate or prescribed strip, as the case may
be, shall, for the purposes of this Act, be taken to be-

   (c)  the amount determined by the Comptroller-General, in accordance with
        sound accounting principles, to be the lowest ex-works selling price
        paid or payable, or that would have been paid or payable, to any
        person who produced prescribed plate or prescribed strip, as the case
        may be, in Australia (whether or not he is the first-mentioned
        producer) for the sale by him, on the day on which the last step in
        the production of the bountiable product was completed, to any person
        of prescribed plate or prescribed strip, as the case may be, of the
        same kind for use in the production of a bountiable product of the
        same kind; or

   (d)  the amount determined by the Comptroller-General, in accordance with
        sound accounting principles, to be the factory cost of producing the
        prescribed plate or prescribed strip, as the case may be,
whichever is the lesser amount.

(3) Where-

   (a)  the Comptroller-General is unable to ascertain, for the purposes of
        sub-section (1), the price that was charged, or that will be charged,
        for prescribed plate or prescribed strip used in the production of a
        bountiable product; or

   (b)  the Comptroller-General is unable to determine, for the purposes of
        sub-section (2), the factory cost of producing prescribed plate or
        prescribed strip used in the production of a bountiable product,
that price or cost shall, for the purposes of this Act, be taken to be such
amount as is estimated by the Comptroller-General, having regard to all
relevant circumstances and the nature of that price or cost, to be an
appropriate price or cost in respect of the prescribed plate or prescribed
strip, as the case may be, for the purposes of this Act.

(4) Where the Comptroller-General is unable to make a determination under
paragraph (2) (c), sub-section (2) has effect as if that paragraph, and the
words ''whichever is the lesser amount'', were omitted.

(5) Without limiting the generality of sub-section (3) or (4), the
Comptroller-General shall, for the purposes of this section, be taken to be
unable to determine the amount of a price or cost relating to prescribed plate
or prescribed strip used in the production of a bountiable product if-

   (a)  the Comptroller-General, after taking all reasonable steps to
        ascertain and verify information necessary for the determination of
        the amount, has been unable to ascertain or verify that information,
        by reason of the failure of the producer of the bountiable product or
        of the producer of the prescribed plate or prescribed strip, as the
        case may be, to supply information or to permit the
        Comptroller-General or an authorized officer to inspect accounts,
        books, documents or other information, or otherwise; or

   (b)  in the case of the amount of a lowest ex-works selling price-there
        were no relevant prices.

(6) Where the Comptroller-General is satisfied-

   (a)  that the amount of the price of prescribed plate or prescribed strip
        was influenced by reason of a commercial, financial or other
        relationship between the producer or a business associate of the
        producer and the purchaser or a business associate of the purchaser,
        not being a relationship created by the sale itself; and

   (b)  that, by reason of that relationship, the amount of the price is
        higher than it would otherwise have been,
that price shall, for the purposes of this Act, be taken to be such amount as
the Comptroller-General, in accordance with sound accounting principles,
determines to be the amount that would have been the amount of that price if
that relationship had not existed.

(7) Where the Comptroller-General makes a determination or estimation under
this section in relation to a bountiable product, he shall cause to be served,
either personally or by post, on the producer of the bountiable product,
notice in writing of the determination or estimation, as the case may be.

(8) Where prescribed plate or prescribed strip was produced by a person on
behalf of the owner of the slab from which the prescribed plate or prescribed
strip, as the case may be, was produced, the owner of the prescribed slab
shall, for the purposes of this section, be taken to be the producer of the
prescribed plate or prescribed strip, as the case may be.

(9) For the purposes of this Act, the price of prescribed plate or
prescribed strip (in this sub-section referred to as the ''relevant product'')
shall be taken to be the gross price that the producer of the relevant product
charged, will charge or would have charged, as the case may be, for the
relevant product less the amount of any rebate or discount allowable by him in
respect of the price (not being a rebate or discount for cash payment or
prompt payment), and includes any price that he has charged, will charge or
would have charged, as the case may be, for the cost of any-

   (a)  slitting or trimming of the relevant product;

   (b)  application of a protective coating to the relevant product;

   (c)  packaging of the relevant product for the purposes of transport or
        sale;

   (d)  delivery of the relevant product; or

   (e)  processing or treatment of the relevant product prescribed by the
        regulations for the purposes of this sub-section,
carried out by him after the production of the relevant product.

(10) In determining the factory cost of prescribed strip or prescribed plate,
the Comptroller-General-

   (a)  shall make allowance for factory overhead costs (including factory
        administration costs) incurred, but shall not make any allowance for
        general administration costs, selling costs or service costs; and

   (b)  if the prescribed slab, from which the prescribed strip or
        prescribed plate, as the case may be, was produced, was supplied to
        the producer of the prescribed strip or prescribed plate, as the case
        may be, free of charge-shall make allowance for the price that would
        have been charged for the prescribed slab if it had been purchased.

(11) For the purposes of this section, 2 persons shall be taken to be business
associates if-

   (a)  one has an interest, whether direct or indirect, in the business or
        property of the other;

   (b)  both have an interest, whether direct or indirect, in the same
        business or property; or

   (c)  another person has an interest, whether direct or indirect, in the
        business or property of each of them.

(12) A determination or estimation under this section shall be made by
instrument in writing.